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i -2- • <br />She Division hereby approves t7Je post-mining land use, rangeland/grazing for domestic <br />livestock and wildlife (2.07.6(2)(1)). <br />To comply with Rule 2.05.5(1)(b), the operator must submit comments from the land- <br />owners on the proposed post-mining land use. Their comments must be included in <br />the application. The following stipulation is necessary for compliance with 2.05.5 <br />(1) (b) <br />J / PEABODY COAL COMPANY MUST SUBMIT COMMENTS FROM THE LEGAL OR E(JUI TABLE OWNER <br />OF RECORD OF THE SURFACE OF THE PROPOSED PERMIT AREA REGARDING THE POST- <br />MINING LAND USE WITHIN 60 DAYS AFTER ISSUANCE OF THIS PERMIT. <br />With the acceptance of this stipulation, this section is in compliance with Rule <br />2.05.5(1)(b). The application is in compliance with Rules 2.09.3 and 4.16. <br />III. CULTURAL AND HISTORIC RESOURCES i <br />The Seneca II mine has undergone six archeological investigations since I978. Seven <br />sites were identified during these investigations, two of which were thought to be <br />eligible for the National Register of Historic Places: SRT 139 - Campsite Zithic <br />scatter; and SRT 192 - Sparse lithic scatter, possibly a campsite. A testing program <br />of these two sites was developed in conjunction with the SHPO and conducted in <br />May, 1980. A determination was made that site SRT 142 was not significant and <br />further investigation was not warranted. Several stone hearths were uncovered during <br />testing of site SRT 139. A mitigation plan was developed for site SRT 139 and <br />sampling was completed in September, 1980. The mitigation report is complete. The <br />formal eligibility of SRT 192 has not been determined, and SRT 139's eligibility <br />is moot since the site has been destroyed. <br />Some undisturbed portions of the permit area were not covered by an archeological <br />survey. The applicant has submitted a map, Exhibit S-1 (revised 6/17/81), that de- <br />lineates the undisturbed areas that have not been surveyed for cultural resources. <br />The applicant has stated that these areas will not be disturbed during the mining <br />operation. Representatives of the Colorado State Historic Preservation Office <br />visited the Seneca II mine on May I6, 1981 and determined that there is potential <br />for additional sites on the unsurveyed areas. These representatives also noted the <br />presence of rock shelters within the unsurveyed areas. Therefore, the following <br />stipulations are necessary: <br />1. SENECA COALS LTD. MUST SUBMIT A STATEMENT INSURING THAT ALL UNDISTURBED, <br />NONSURVEYED AREAS IN TBE PERMIT AREA WILL REMAIN UNDISTURBED. IF PRE- <br />VIOUSLY UNPLANNED SURFACE DISTURBING ACTIVITIES, NOT APPROVED AS PART OF <br />THIS APPLICAT.ZON, ARE NECESSARY IN THE UNSURVEYED AREAS DESIGNATED ON EXHIBIT <br />5-1, SENECA COALS LTD. MUST SUBMIT A CULTURAL RESOURCES SURVEY APJD DESCRIP- <br />TION OF THE PROPOSED DISTURBANCE FOR APPROVAL PRIOR TO THE COh1MENCEMENT <br />OF THESE ACTIVITIES. IF CULTURAL RESOURCES ARE LOCATED THAT ARE THOUGFfT <br />TO BE ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES, SENECA COALS LTD. <br />WILL DEVELOP A MITIGATION PLAN DESIGNED ZN ACCORDANCE WITH STIPULATION (2) <br />BELOW. <br />